Minutes of Meeting
March 25, 2010
To: Town Clerk
cc: Members
File
Present: J. Fournier, J. Senterman, A. Tolland, R. Willis, M. Allen, N. Alfieri, Conservation
Agent
Absent: C. Botchis, J. Livingstone
There was a motion to accept the minutes of the February 25th meeting with one correction. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: 15 Ribero Drive
Mr. Matthew Truenow, homeowner of 15 Ribero Drive, appeared before the Commission for a discussion regarding the removal of 2 trees on Town-owned open space abutting his property. One tree has become a hazard to his home. He would like to remove these 2 trees.
Mr. Alfieri informed the Commission members that we have to determine whose trees they are. He recommended that a surveyor visit Mr. Truenow’s yard and determine on whose property these trees are located on. If they are located on Mr. Truenow’s property, he can take the trees down if he would like to do that.
If they are located on Town of Franklin land, they are town-owned trees and he can still trim the branches that hang over his property but not the trunk.
A Commission member stated that he had concerns regarding encroachment and access to the open space and there will be unabated access to the open space even if these trees are cut down.
A Commission member questioned that if it were determined that the trees are on Town-owned land and the Commission authorizes Mr. Truenow to take these trees down, would he consider planting deciduous shrubs in replacement?
The Commission Chairman stated that it needs to be determined whose trees they are and then if it is determined that they are Town-owned trees, the Commission would like to authorize Mr. Truenow to take them down. If they are located on Mr. Truenow’s property, then he can take them down as he wishes.
Mr. Alfieri stated that these trees are located outside of wetlands jurisdiction and Mr. Truenow does not need to file with Conservation to cut these trees down as there is no buffer zone around Town-owned land.
Mr. Truenow informed the Commission that he will contact a surveyor to come out to his property and survey the land and determine the location of the property line and will proceed according to the Commission’s request.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – 282 Summer Street – Crossway Church – CE159-993
Mr. David Faist, Engineer of Faist Engineering, Mr. Dan O’Driscoll, Wetland Scientist, and Attorney Richard Cornetta, Attorney for the applicant, all appeared before the Commission for the redevelopment of an existing church building with construction of a paved parking lot for Crossway Church.
Mr. Faist reviewed the site plans for the Commission’s review. The wetlands line has been flagged recently by Mr. O’Driscoll. There is a gravel parking area in the front of the building.
There are 80 parking spaces proposed for the site with 22 to be located in the front, which will be paved. There will be front roof drains installed to handle the runoff into the drainage system in the front of the building.
The rear drainage will slope down and a rain garden will be installed along the rear of the site at the recommendation of the Town Engineer and Mr. Alfieri as well. Infiltration tests were requested by the Town Engineer and these will be performed.
There will be 10 parking spaces eliminated to provide a greater buffer distance between the site and the adjacent properties.
Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.
A Commission member requested a more comprehensive project narrative be provided for this project. It was also questioned if there is rooftop recharge proposed from the church building itself. Mr. Faist stated that there is none from the rear of the building at the present time.
Another Commission member made note of the fact that there were test pits dug without a Request for Determination and there was no negative ecological effects. What will happen to the existing water well? Mr. Faist stated that it will be abandoned. It was also noted that Uncas Brook is located directly behind this site and it is a perennial stream. The required notation requiring a sign with DEP file number is not depicted on the plan.
A Commission member stated that she is greatly in favor of the rain gardens proposed for the site. A couple of the plants proposed will probably not have a great chance of survival on this site. Changes to some of the plantings were suggested in order to ensure optimal survival.
There was no one present in the audience for this public hearing.
The Commission will conduct a site walk of the property on Monday, March 29th at 6 p.m.
There was a motion to continue the public hearing until April 8th. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Request for Determination – 148 Washington Street – Colella
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. Jack Colella, the applicant, and Ms. Judith Schmitz, Botanist, all appeared before the Commission to raze an existing house, garage and shed and construction of 2 new homes.
Mr. Nielsen stated that he has prepared a summary of the project for the Commission’s review. He also stated that according to Ms. Schmitz’s letter, the hydrology of the ditch has been determined that there are no hydrolic soils in the ditch or adjacent to the ditch.
Mr. Nielsen requested that the Commission issue a Negative Determination based on the above-mentioned findings under the Local Bylaw.
Mr. Alfieri stated that he concurs that the site contains no wetlands and recommended that the Commission issue a Negative Determination of Applicability.
Mr. Louis Blaine, an abutter of 56 Gallison Street, questioned as to how much area would be cleared. He also raised concerns regarding water flowing onto his property.
There was a motion to close the local hearing on 148 Washington Street. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to issue a Negative Determination for 148 Washington Street. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 924 Washington Street – Grillo – CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission and submitted a letter requesting a continuance of the public hearing until April 8th.
There was a motion to continue the public hearing until April 8th. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 348 East Central St. - Christopher Nash – CE159-992
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission and submitted a letter requesting a continuance of the public hearing until April 8th.
Mr. Alfieri requested that before the hearing is continued, that the Commission have a discussion regarding hiring an independent consultant to look at the drainage structure issues on the site. There is already a contract with the Town in place and the consultant could visit the site within the next couple of weeks.
Mr. Nielsen asked what the scope of work would be for the consultant. Mr. Alfieri stated that it would be to make an assessment of the detention structure and the drainage issues for the site.
He also requested an estimated fee for this project. Mr. Alfieri stated that he will provide him with this fee as soon as possible.
There was a motion to hire outside review for 348 East Central Street to engage a consultant. The motion was seconded and accepted with a vote of 5-0-0.
A Commission member stated that he visited the site on Monday night, March 22nd at 7:30 p.m. and walked down the well access road to the location where the large isolated land subject to flooding comes out to the roadway and towards the detention basin and there were no frogs located there; there were wood frogs in the detention basin.
There was a motion to continue the public hearing for 348 East Central Street until April 8th. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Extension Permit: Spruce Pond Aquatic Vegetation Management – SE159-853
There was a discussion among the Commission members regarding the issuance of
an Extension Permit to the Orders of Conditions. The Commission Chairman stated
that the applicant is requesting a three-year extension to the current Order of Conditions for continued management and maintenance of aquatic vegetation and algae in Spruce Pond. The Commission stated that this is the final Extension Permit to be issued by the Commission for this project.
There was a motion to extend the invasive vegetation management plan for Spruce Pond for three years through August 12, 2013. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: 5 Cobblestone Drive - SE159-157
There was a discussion among the Commission members regarding the issuance of a Certificate of Compliance for this property. Mr. Alfieri informed the Commission that there is an open Orders of Conditions on this property.
Mr. Alfieri stated that the site is stabilized and in compliance and he is recommending that the Commission issue a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 5 Cobblestone Drive. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: Del Carte Dam Project
There was a discussion among the Commission members regarding this project. A Commission member stated that he has reviewed the plans regarding the dam removal project modifying Dams 3&5.
In his opinion, the costs of repair vs. breaching is substantial. He stated that he will await Pare’s discussion regarding this and the estimate of the cost of the options of repair vs. plan breach.
The proposed access plan was discussed by the Commission. Also, the proposal of removal of Dam 4 or modifying it. The removal of Dam 4 would eliminate the possibility of some loop trails.
The Commission determined that they will hold a special meeting regarding this matter in April on a Thursday at the convenience of Pare Corporation.
Signed Certificate of Compliance, Extension Permit & Determination of Applicability
Certificate of Compliance – (Lot 39) 5 Cobblestone Drive – Marguerite Bldg. – SE159-157
Extension Permit – Spruce Pond Village – Vegetation Management – SE159-853
Determination of Applicability (Negative) 148 Washington Street – J.C. Colella & Son
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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